After a car accident in Wisconsin, you may wonder whose responsibility it is to determine who was at fault for the accident. The answer depends on where you are in the process. The responding officer may issue a traffic citation immediately after the accident, but their opinion is not legally binding for liability purposes. The insurance company will assess fault when deciding whether to settle your claim, but you don’t have to accept their decision as final. If there’s a disagreement about who is at fault, a court will ultimately decide the issue.
The Police Report
Under Wisconsin law, either the police or the drivers involved must file an accident report after any car accident resulting in:
- Injury
- $1000 or more of property damage
- $200 or more of damage to state property (not a vehicle)
If law enforcement responds to the scene of the accident, the responding officer may file the accident report. A police accident report can include:
- Information on vehicle damage
- Witness statements
- Pictures of tire tracks on the road
- Traffic citations
If the police issue a traffic citation to either driver, this can be used as evidence of fault in the crash. You can purchase a copy of the police crash report after your accident.
Insurance Company
The drivers’ insurance companies will also assess fault because they must determine whether to pay any claims the drivers may file. To determine who was at fault for the accident, the insurance company will:
- Examine the police report, noting any evidence and any traffic citations issued by police
- Review the damage to the vehicles to determine which vehicle struck the other
- Take statements from eyewitnesses
- Investigate if necessary
If the other driver’s insurance company refuses to accept that their driver was at fault, or if they try to claim that you were at fault, you don’t have to accept their assessment. A Milwaukee car accident lawyer can work to prove that the other driver was at fault and push the insurance company for a reasonable settlement.
Final Determination by a Wisconsin Court
In Wisconsin, if no settlement can be reached, a court will ultimately be responsible for determining who was at fault in a car accident. If the insurance company denies fault or claims you were at fault, your lawyer can file a lawsuit to compel them to pay your claim.
A court will assess your case, examining evidence such as:
- Testimony from the responding officer
- Eyewitness testimony
- Expert testimony
- Photos or videos
- Medical records
- Vehicle damage
The court will assign fault and determine who is liable for the accident. Because a jury’s decision can be unpredictable, insurance companies often offer to settle before the case reaches this point.
Contact a Wisconsin Car Accident Lawyer Today
If you were injured in a car accident in Wisconsin, you need to contact an experienced Wisconsin car accident lawyer immediately. The Warshafsky Law Firm has decades of experience fighting big insurance companies and obtaining significant settlements and jury awards for injured people. Sitting down with us and telling us about your case costs you nothing. Contact the Warshafsky Law Firm for a free assessment today.
